APPELLATE COURT OPINIONS

A jury convicted defendant, Mario Lamont Wilson, of three counts of aggravated assault and of felony reckless endangerment and possession of a deadly weapon with the intent to commit a felony. The Court of Criminal Appeals affirmed Wilson’s felony reckless endangerment conviction and sentence, but reversed and dismissed the convictions for aggravated assault and possession of a deadly weapon. We granted permission to appeal to consider whether the Court of Criminal Appeals erred when it dismissed Wilson’s convictions for aggravated assault.1 Although we conclude that Wilson’s convictions for aggravated assault may not stand, we do not adopt entirely the reasoning of the Court of Criminal Appeals. Rather, we affirm the dismissal of the aggravated assault charges because the evidence is insufficient to prove that Wilson intentionally and knowingly caused another to reasonably fear imminent bodily injury.

We granted this appeal to determine whether a provision in an antenuptial agreement by which a prospective spouse waives alimony is void because it violates public policy. The trial court held that such a provision in an antenuptial agreement, which waived alimony, was valid and enforceable and, therefore, denied the spouse’s application for alimony. The Court of Appeals, however, reversed, holding that the waiver of alimony provision was void as against public policy, and remanded to the trial court to consider whether to award alimony.

Michelle Lynn Durham and Robert Wayne Durham (“plaintiffs” or by name)1 brought this suit in the Circuit Court of Gibson, County against Luther Webb and wife Sue Webb, individually and d/b/a Webb’s British Petroleum Station (“defendants”),2 seeking damages for defendant’s alleged negligence that caused plaintiff Michelle Durham to fall in defendant’s parking lot, causing injuries. The trial court granted defendant’s motion for summary judgment, from which this appeal is taken. The sole issue presented is whether the trial court erred in granting defendant’s motion for summary judgment. We find no error and affirm.

I fully concur in the majority’s decision affirming the conviction in this case. I also agree with the majority that the trial court’s refusal to admit into evidence as mitigation the testimony of Dr. John Hutson was error which requires a reversal and a remand for re-sentencing. However, I dissent from the majority’s analysis of the constitutionality and sufficiency of the evidence to support the aggravating circumstance, Tenn. Code Ann. § 39-13-204(i)(5), as amended in 1989.

Plaintiff, Lillian Vega-Horta (“plaintiff”), appeals the judgment of the trial court granting defendant’s, St. Mary’s Medical Center (“St. Mary’s”) Motion for Summary Judgment. For reasons state hereinafter, we affirm the trial court’s judgment.